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MLYNARSKI v. ST. RITA'S CONGREGATION

31 Wis.2d 54 (1966)

MLYNARSKI, by Guardian ad litem, and others, Plaintiffs and Respondents, v. ST. RITA'S CONGREGATION OF WEST ALLIS, Defendant: MARK F. PFALLER ASSOCIATES, INC., Defendant and Appellant.

Supreme Court of Wisconsin.

May 10, 1966.

Attorney(s) appearing for the Case

For the appellant there was a brief by Prosser, Zimmermann & Wiedabach of Milwaukee, and oral argument by Frederick H. Prosser.

For the respondents there was a brief by Teper & Weiss of Milwaukee, and oral argument by Daniel J. Weiss.

WILKIE, J.

Three questions are presented here:

(1) Is the defect in the window a structural defect in a public building?

(2) As a matter of law is the respondent barred from being a frequenter entitled to the special protection afforded by the safe-place statute?

(3) Does the complaint state a common-law cause of action against the architect?

Structural Defect in Public Building.

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